Leary v. United States
Supreme Court of the United States
Argued December 11, 1968 Decided May 19, 1969
Full case name: Timothy Leary v. United States Docket #: 65 Citations: 395 U.S. 6; 395 U.S. 6 Prior history: On writ of certiorari to the United States Court of Appeals for the Fifth Circuit
Holding
The Marijuana Tax Act required self-incrimination, thus violated the Fifth Amendment of Constitution. Leary's conviction reversed.
Court membership
Chief Justice: Earl Warren Associate Justices: Hugo Black, William O. Douglas, John Marshall Harlan II, William J. Brennan, Potter Stewart, Byron White, Abe Fortas, Thurgood Marshall
Case opinions
Majority by: Harlan Joined by: Brennan, Douglas, Marshall, White Concurrence by: Black Concurrence by: Stewart Concurrence by: Warren
Laws applied
U.S. Const. amends. V, Marijuana Tax Act
Superseded by
Controlled Substance Act

Leary v. United States is a Supreme Court case decided in 1969 dealing with the constitutionality of Marijuana Tax Act. Timothy Leary, a professor and activist, was arrest for the possession of marijuana in violation of the Marijuana Tax Act. Leary challenged the act on the ground that the act required self-incrimination, which violated the Fifth Amendment. The unanimous opinion of the court was penned by Justice John Marshall Harlan II, and declared the Marijuana Tax Act unconstitutional. Leary's conviction was overturned. However, soon the Congress passed Controlled Substance Act to continue the drug prohibition in United States. Image File history File links Seal_of_the_United_States_Supreme_Court. ... The Supreme Court of the United States (SCOTUS) is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ... For the American baseball player use Tim Leary (baseball player) Timothy Francis Leary, Ph. ... Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... John Marshall Harlan II (May 20, 1899 – December 29, 1971) was an Associate Justice of the United States Supreme Court. ... William J. Brennan, official portrait, 1976. ... Justice Potter Stewart Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. ... Byron White, official portrait. ... Abe Fortas (June 19, 1910–April 5, 1982) was a U.S. Supreme Court associate justice. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... REDIRECT ] ... The Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, is the legal foundation of the United States governments fight against the abuse of drugs and other substances. ... The supreme court in some countries, provinces, and states, functions as a court of last resort whose rulings cannot be challenged. ... Year 1969 (MCMLXIX) was a common year starting on Wednesday (the link is to a full 1969 calendar). ... Constitutionality is the status of a law, procedure, or act being in accordance with the laws or guidelines contained in a constitution. ... REDIRECT ] ... For the American baseball player use Tim Leary (baseball player) Timothy Francis Leary, Ph. ... A Cannabis sativa plant The drug cannabis, also called marijuana, is produced from parts of the cannabis plant, primarily the cured flowers and gathered trichomes of the female plant. ... Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. ... The Fifth Amendment may refer to the: Fifth Amendment to the United States Constitution - part of the Bill of Rights. ... John Marshall Harlan II (May 20, 1899 – December 29, 1971) was an Associate Justice of the United States Supreme Court. ... The Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, is the legal foundation of the United States governments fight against the abuse of drugs and other substances. ...

External Links

• Oyez.org entry
• Opinion of the Court